WEST virginia legislature
2022 regular session
Committee Substitute
for
Senate Bill 659
By Senators Trump, Caputo, and Maroney
[Originating in the Committee on the Judiciary; reported on February 24, 2022]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-16-5a; to amend and reenact §11-16-8 of said code; to amend said code by adding thereto a new section, designated §60-1-3a; to amend and reenact §60-3A-17 of said code; to amend and reenact §60-6-24 of said code; to amend and reenact §60-7-2 and §60-7-6 of said code; to amend and reenact §60-8-6c of said code; and to amend and reenact §61-8-27 of said code, all relating to nonintoxicating beer, wine, and liquor licenses and requirements; providing for modification of the 300-foot requirement to 200 feet; clarifying that licensees are not required to place nonintoxicating beer, nonintoxicating craft beer, and alcoholic liquors in a bag after purchase; revising the blood alcohol chart; increasing the minimum mark-up to 112.5 percent for sales to the general public and to 115 percent to licensees; creating a license for a private bakery to produce confections with alcohol added and setting a license fee; creating a license for a private cigar shop to, where legally permissible, permit the sale of alcohol, food, and cigars for on-premises consumption, and setting a license fee; creating a license for a private college sports stadium for alcohol sales in certain areas of Division I, II, or III sports stadiums, and setting a license fee; creating a license for a private food truck to conduct food and alcohol sales at various locations when permitted by a municipality, and setting a license fee; permitting private hotels and private resort hotels to apply for a private caterer license; authorizing private hotels and private resort hotels to utilize in-room mini-bars for limited alcohol sales to adults 21 year of age and over; authorizing wine growler sales where wine may be mixed with ice and water to produce a frozen alcoholic beverage for sale in sealed wine growlers, and additional requirements; and providing additional exceptions to the criminal penalty for the unlawful admission of children to a dance hall for certain private clubs with an age verification system.
Be it enacted by the Legislature of West Virginia:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-5a. Off-premises sales not required to be bagged.
A licensee who is licensed for off-premises sales of nonintoxicating beer or nonintoxicating craft beer is not required to place nonintoxicating beer or nonintoxicating craft beer, in a bag.
§11-16-8. Form of application for license; fee and bond; refusal of license.
(a) A license may be issued by the commissioner to any person who submits an application, accompanied by a license fee and, where required, a bond, and states under oath:
(1) The name and residence
of the applicant, the duration of such the residency, and that
the applicant is 21 years of age. If the applicant is a firm, association,
partnership, limited partnership, limited liability company, or corporation,
the application shall include the residence of the members or officers. If a
person, firm, partnership, limited partnership, limited liability company,
association, corporation, or trust applies for a license as a distributor, the person, or
in the case of a firm, partnership, limited partnership, limited liability
company, association or trust, the members, officers, trustees, or other persons
in active control of the activities of the limited liability company,
association, or trust relating to the license, shall include the residency for
these persons on the application. All
applicants and licensees must shall include a manager on the applicant’s
license application, or a licensee’s renewal application, who must shall
meet all other requirements of licensure. including, but not limited to,
The applicant shall be a United States citizenship or naturalization
citizen or a naturalized citizen, passing pass a
background investigation, being be at least 21 years of age, being
be a suitable person, being be of good morals and
character , of good moral character, and meet other
requirements, all as set forth in this article and the rules promulgated
thereunder, all in the interest of protecting public health and safety and
being a suitable applicant or licensee. In order to maintain licensure, a
licensee shall notify the commissioner immediately of a change in managers. If the applicant is a trust or has a trust as an
owner, the trustees, or other persons in active control of the activities of
the trust relating to the license, shall provide a certification of trust as
described in §44D-10-1013 of this code. This certification of trust shall
include the excerpts described in §44D-10-1013(e) of this code and shall
further state, under oath, the names, addresses, Social Security numbers, and
birth dates of the beneficiaries of the trust and certify that the trustee and
beneficiaries are 21 years of age or older. If a beneficiary is not 21 years of
age, the certification of trust must shall
state that the beneficiary’s interest in the trust is represented by
a trustee, parent, or legal guardian who is 21 years of age and who will direct
all actions on behalf of the beneficiary related to the trust with respect to the
distributor until the beneficiary is 21 years of age. Any beneficiary who is
not 21 years of age or older shall have his or her trustee, parent, or legal
guardian include in the certification of trust and state under oath his or her
name, address, Social Security number, and birth date;
(2) The place of birth of the
applicant, that he or she is a citizen of the United States and of good moral
character and, if a naturalized citizen, when and where naturalized. If the
applicant is a corporation organized or authorized to do business under the laws
of the state, the application must shall state when and where
incorporated, the name and address of each officer, and that each officer is a
citizen of the United States and a person of good moral character. If the
applicant is a firm, association, limited liability company, partnership,
limited partnership, trust, or has a trust as an owner, the application shall
provide the place of birth of each member of the firm, association, limited
liability company, partnership or limited partnership and of the trustees,
beneficiaries, or other persons in active control of the activities of the
trust relating to the license and that each member or trustee, beneficiary, or
other persons in active control of the activities of the trust relating to the
license is a citizen of the United States, and if a naturalized citizen, when
and where naturalized, each of whom must shall qualify and sign
the application;
(3) The particular place for which the license is desired and a detailed description thereof;
(4) The name of the owner of the building and, if the owner is not the applicant, that the applicant is the actual and bona fide lessee of the premises;
(5) That the place premises
or building in which is proposed the applicant proposes to do
business conforms to all applicable laws of health, fire, and zoning
regulations and is a safe and proper place or building; not within 300 200
feet of a school or church measured from front door to front door, along the
street or streets. This requirement does not apply to a Class B license or to a
place occupied by a beer licensee so long as it is continuously so occupied.
The prohibition against locating a proposed business in a place or building
within 300 feet of a school does not apply to a college, or university,
or church that has notified the commissioner, in writing, that it has no
objection to the location of a proposed business in a place or building within 300
200 feet of the college, or university, or church;
(6) That the applicant is
not incarcerated and has not during the five years preceding the date of said
the application been convicted of a felony;
(7) That the applicant is
the only person in any manner pecuniarily interested in the business so
asked to be licensed and that no other person is in any manner pecuniarily
interested during the continuance of the license; and
(8) That the applicant has not during five years preceding the date of the application had a nonintoxicating beer license revoked.
(b) In the case of an applicant that is a trust or has a trust as an owner, a distributor license may be issued only upon submission by the trustees or other persons in active control of the activities of the trust relating to the distributor license of a true and correct copy of the written trust instrument to the commissioner for his or her review. Notwithstanding any provision of law to the contrary, the copy of the written trust instrument submitted to the commissioner pursuant to this section is confidential and is not a public record and is not available for release pursuant to the West Virginia Freedom of Information Act codified in §29B-1-1 et seq. of this code.
(c) The provisions and
requirements of subsection (a) of this section are mandatory prerequisites for
the issuance of a license and, if any applicant fails to qualify, the
commissioner shall refuse to issue the license shall be refused. In
addition to the information furnished in any application, the commissioner may
make such any additional and independent investigation of each
applicant, manager, and of the place to be occupied as necessary or advisable
and, for this reason, all applications, with license fee and bond, must shall be submitted with all true and correct information.
For the purpose of conducting such the independent investigation,
the commissioner may withhold the granting or refusal to grant the license for
a 30-day period or until the applicant has completed the conditions set forth
in this section. If it appears that the applicant and manager meet the requirements in the
code and the rules, including, but not limited to, being a suitable person of good
reputation and morals good moral character; having made no false
statements or material misrepresentations; involving no hidden ownership; and
having no persons with an undisclosed pecuniary interest contained in the application;
and if there are no other omissions or failures by the applicant to complete
the application, as determined by the commissioner, the commissioner shall
issue a license authorizing the applicant to sell nonintoxicating beer or
nonintoxicating craft beer.
(d) The commissioner may refuse a license to any applicant under the provisions of this article if the commissioner is of the opinion:
(1) That the applicant or manager is not a suitable person to be licensed;
(2) That the place to be
occupied by the applicant is not a suitable place; or is within 300 200
feet of any school or church measured from front door to front door along the
street or streets. This requirement does not apply to a Class B licensee or to
a place now occupied by a beer licensee so long as it is continuously so
occupied. The prohibition against locating any such place within 300 feet of
a school does not apply to a college, or university,or church
that has notified the commissioner, in writing, that it has no objection to the
location of any such place within 300 200 feet;
(3) That the manager, owner, employee, or person is in a contractual relationship to provide goods or services to the applicant is an active employee of the commissioner; or
(4) That the license should not be issued for reason of conduct declared to be unlawful by this article.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 1. GENERAL PROVISIONS.
§60-1-3a. Off-premises sales not required to be bagged.
Alcoholic liquors in this state are not required to be placed in a bag by a licensee who is licensed for off-premises sales of alcoholic liquors.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-24. Requirement for posting informational sign.
Each store or outlet
controlled or operated by the state Alcohol Beverage Control Commission, and
any store, supermarket, club, restaurant, or
Any licensee licensed under this chapter to sell alcoholic liquors,
including liquor, wine, hard cider, other facility selling alcoholic
beverages or nonintoxicating beer or nonintoxicating craft beer for
either on-premise on-premises or off-premise off-premises
consumption, shall post in an open and prominent place within such the
establishment, a blood-alcohol chart containing information showing the
estimated percent of alcohol in the blood by the number of drinks in relation
to body weight and time of consumption, as follows:
FORM OMITTED
FORM OMITTED
The size of display and
location of said blood-alcohol chart shall be prescribed by the commissioner,
by rule and regulation as provided
in the chart available on the commissioner’s website. Enforcement of the
posting provisions of this section shall be carried out by the West Virginia
nonintoxicating beer commissioner commissioner in establishments
which are for all licensees required to post such the
notice. but are not subject to the supervision of the West Virginia Alcohol
Beverage Control Commissioner
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-17. Wholesale prices set by commissioner; retail licensees to purchase liquor from state; transportation and storage; method of payment.
(a) The commissioner shall fix wholesale prices for the
sale of liquor, other than wine, to retail licensees. The commissioner shall
sell liquor, other than wine, to retail licensees according to a uniform
pricing schedule. The commissioner shall obtain, if possible, upon request, any
liquor requested by a retail licensee and those permitted to manufacture and
sell liquor pursuant to section three, article four of this chapter §60-4-3
of this code.
(b) Wholesale prices shall be established in order to
yield a net profit for the General Revenue Fund of not less than $6,500,000
annually on an annual volume of business equal to the average for the past
three years. The net revenue derived from the sale of alcoholic liquors shall
be deposited into the General Revenue Fund in the manner provided in section
seventeen, article three of this chapter §60-3-17 of this code.
(c) Notwithstanding any provision of this code to the
contrary, the commissioner shall specify the maximum wholesale markup
percentage which may be applied to the prices paid by the commissioner for all
liquor, other than wine, in order to determine the prices at which all liquor,
other than wine, will be sold to retail licensees. A retail licensee shall
purchase all liquor, other than wine, for resale in this state only from the
commissioner, and the provisions of sections twelve and thirteen, article
six of this chapter §60-6-12 and §60-6-13 of this code shall not
apply to the transportation of the liquor: Provided, That a retail
licensee shall purchase wine from a wine distributor who is duly licensed under
article eight of this chapter. §60-8-1 et seq.
of this code. All liquor, other than wine, purchased by retail licensees
shall be stored in the state at the retail outlet or outlets operated by the
retail licensee: Provided, however, That the commissioner, in his or her
discretion, may upon written request permit a retail licensee to store liquor
at a site other than the retail outlet or outlets.
(d) The sale of liquor by the commissioner to retail licensees shall be paid by electronic funds transfer which shall be initiated by the commissioner on the business day following the retail licensees order or by money order, certified check, or cashier's check which shall be received by the commissioner at least 24 hours prior to the shipping of the alcoholic liquors: Provided, That if a retail licensee posts with the commissioner an irrevocable letter of credit or bond with surety acceptable to the commissioner from a financial institution acceptable to the commissioner guaranteeing payment of checks, then the commissioner may accept the retail licensee's checks in an amount up to the amount of the letter of credit.
(e) (1) A retail licensee may not sell liquor to persons
licensed under the provisions of article seven of this chapter §60-7-1
et seq. of this code at less than one hundred ten percent 115
percent of the retail licensee's cost as defined in §47-11A-6 of this code.
(2) A retail licensee may not sell liquor to the general
public at less than one hundred ten percent 112.5 percent of the
retail licensee's cost as defined in §47-11A-6 of this code.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-2. Definitions; authorizations; requirements for certain licenses.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) (1) “Applicant” means a private club applying
for a license under the provisions of this article.
(b) (2) “Code” means the official Code of West
Virginia, 1931, as amended.
(c) (3) “Commissioner” means the West Virginia
Alcohol Beverage Control Commissioner.
(d) (4) “Licensee” means the holder of a license
to operate a private club granted under this article, which remains unexpired,
unsuspended, and unrevoked.
(e) (5) “Private club” means any corporation or
unincorporated association which either: (1) (A) Belongs to or
is affiliated with a nationally recognized fraternal or veterans’ organization
which is operated exclusively for the benefit of its members, which pays no
part of its income to its shareholders or individual members, which owns or
leases a building or other premises to which club are admitted only duly-
elected or approved dues-paying members in good standing of the corporation or
association and their guests while in the company of a member and to which club
the general public is not admitted, and which club maintains in the building or
on the premises a suitable kitchen and dining facility with related equipment
for serving food to members and their guests;
(2) (B) Is a nonprofit social club, which is
operated exclusively for the benefit of its members, which pays no part of its
income to its shareholders or individual members, which owns or leases a
building or other premises to which club are admitted only duly-elected or
approved dues-paying members in good standing of the corporation or association
and their guests while in the company of a member and to which club the general
public is not admitted, and which club maintains in the building or on the
premises a suitable kitchen and dining facility with related equipment for
serving food to members and their guests;
(3) (C) Is organized and operated for legitimate
purposes which has at least 100 duly- elected or approved dues-paying members
in good standing, which owns or leases a building or other premises, including
any vessel licensed or approved by any federal agency to carry or accommodate
passengers on navigable waters of this state, to which club are admitted only
duly- elected or approved dues-paying members in good standing of the
corporation or association and their guests while in the company of a member
and to which club the general public is not admitted, and which club maintains
in the building or on the premises a suitable kitchen and dining facility with
related equipment and employs a sufficient number of persons for serving meals
to members and their guests; or
(4) (D) Is
organized for legitimate purposes and owns or leases a building or other
delimited premises in any state, county, or municipal park, or at any airport,
in which building or premises a club has been established, to which club are
admitted only duly-elected and approved dues-paying members in good standing
and their guests while in the company of a member and to which club the general
public is not admitted, and which maintains in connection with the club a suitable
kitchen and dining facility and related equipment and employs a sufficient
number of persons for serving meals in the club to the members and their
guests.
(6) “Private bakery” means an applicant for a private club or licensed private club license that has a primary function of operating a food preparation business that produces baked goods, including brownies, cookies, cupcakes, confections, muffins, breads, cakes, wedding cakes, and other baked goods. The applicant or licensee desires to sell baked goods infused with liquor, wine, or nonintoxicating beer or nonintoxicating craft beer, either: (A) In the icing, syrup, drizzle, or some other topping; (B) as an infusion where the alcohol is not processed or cooked out of the baked goods; or (C) the alcohol can be added by the purchaser from an infusion packet containing alcohol no greater than 10 milliliters. This applicant or licensee may not sell liquor, wine, or nonintoxicating beer or nonintoxicating craft beer for on or off-premises consumption. This applicant or licensee may sell the baked goods with alcohol added as authorized for on and off-premises consumption. Further, the applicant or licensee shall meet the criteria set forth in this subdivision which:
(i) Has at least 50 members;
(ii) Operates a kitchen that produces baked goods, as specified in this subdivision, including at least: (I) A baking oven and a four-burner range or hot plate; (II) a sink with hot and cold running water; (III) a 17 cubic foot refrigerator or freezer, or some combination of a refrigerator and freezer which is not used for alcohol cold storage; (IV) baking utensils and pans, kitchen utensils, and other food consumption apparatus as determined by the commissioner; and (V) food fit for human consumption available to be served during all hours of operation on the licensed premises;
(iii) Maintains, at any one time, $750 of food inventory capable of being prepared in the private bakery’s kitchen. In calculating the food inventory, the commissioner shall include television dinners, bags of chips or similar products, microwavable food or meals, frozen meals, pre-packaged foods, baking items such as flour, sugar, icing, and other confectionary items, or canned prepared foods;
(iv) Uses an age verification system approved by the commissioner for the purpose of verifying that persons under the age of 18 who are in the private club bar are accompanied by a parent or legal guardian, and if a person under 18 years of age is not accompanied by a parent or legal guardian that person may not be admitted as a guest; and
(v) Meet and be subject to all other private club requirements.
(7) “Private cigar shop” means an applicant for a private club or licensed private club licensee that has a primary function of operating a cigar shop for sales of premium cigars for consumption on or off the licensed premises. Where permitted by law, indoor on-premises cigar consumption is permitted with a limited food menu, which may be met by utilizing a private caterer, for members and guests while the private club applicant or licensee is selling and serving liquor, wine, or nonintoxicating beer or nonintoxicating craft beer for on-premises consumption. Further, the applicant or licensee shall meet the criteria set forth in this subdivision which:
(A) Has at least 50 members;
(B) Operates a cigar shop and bar with a kitchen, including at least: (i) A two-burner hot plate, air fryer, or microwave oven; (ii) a sink with hot and cold running water; (iii) a 17 cubic foot refrigerator or freezer, or some combination of a refrigerator and freezer which is not used for alcohol cold storage; (iv) kitchen utensils and other food consumption apparatus as determined by the commissioner; and (v) food fit for human consumption available to be served during all hours of operation on the licensed premises;
(C) Maintains, at any one time, $500 of food inventory capable of being prepared in the private club bar’s kitchen or has on hand at least $150 in food provided by a private caterer. In calculating the food inventory, the commissioner shall include television dinners, bags of chips or similar products, microwavable food or meals, frozen meals, pre-packaged foods, or canned prepared foods;
(D) Uses an age verification system approved by the commissioner for the purpose of verifying that persons under the age of 18 who are in the private club bar are accompanied by a parent or legal guardian, and if a person under 18 years of age is not accompanied by a parent or legal guardian, that person may not be admitted as a guest; and
(E) Meets and is subject to all other private club requirements.
(7) (8) “Private caterer” means a licensed
private club restaurant, private hotel, or private resort hotel
authorized by the commissioner to cater and serve food and sell and serve
alcoholic liquors, or non-intoxicating beer or non-intoxicating craft beer. A
private caterer shall purchase wine sold or served at a catering event from a
wine distributor. A private caterer shall purchase nonintoxicating beer and
nonintoxicating craft beer sold or served at the catering event from a licensed
beer distributor. A private caterer shall purchase liquor from a retail liquor
outlet authorized to sell in the market zone, where the catering event is held.
The private caterer or the persons or entity holding the catering event shall:
(1) (A) Have at least 10 members and guests
attending the catering event;
(2) (B) Have obtained an open container waiver or
have otherwise been approved by a municipality or county in which the event is
being held;
(3) (C) Operate a private club restaurant on a
daily operating basis;
(4) (D) Only use its employees, independent
contractors, or volunteers to sell and serve alcoholic liquors who have
received certified training in verifying the legal identification, the age of a
purchasing person, and the signs of visible, noticeable, and physical
intoxication;
(5) (E) Provide to the commissioner, at least 7
seven days before the event is to take place:
(A) (i) The name and business address of the
unlicensed private venue where the private caterer is to provide food and
alcohol for a catering event;
(B) (ii) The name of the owner or operator of the
unlicensed private venue;
(C) (iii) A copy of the contract or contracts
between the private caterer, the person contracting with the caterer, and the
unlicensed private venue;
(D) (iv) A floorplan of the unlicensed private
venue to comprise the private catering premises, which shall only include
spaces in buildings or rooms of an unlicensed private venue where the private
caterer has control of the space for a set time period where the space safely
accounts for the ingress and egress of the stated members and guests who will
be attending the private catering event at the catering premises. The
unlicensed private venue’s floorplan during the set time period as stated in
the contract shall comprise the private caterer’s licensed premises, which is
authorized for the lawful sale, service, and consumption of alcoholic liquors,
nonintoxicating beer and nonintoxicating craft beer, and wine throughout the
licensed private catering premises: Provided, That the unlicensed
private venue shall: (i) (I) Be inside a building or structure, (ii)
(II) have other facilities to prepare and serve food and alcohol, (iii)
(III) have adequate restrooms and sufficient building facilities for the
number of members and guests expected to attend the private catering event, and
(iv) (IV) otherwise be in compliance with health, fire, safety,
and zoning requirements;
(6) (F) Not hold more than 15 private catering
events per calendar year. Upon reaching the 16th event, the unlicensed venue
shall obtain its own private club license;
(7) (G) Submit to the commissioner, evidence that
any noncontiguous area of an unlicensed venue is within 150 feet of the private
caterer’s submitted floorplan and may submit a floorplan extension for
authorization to permit alcohol and food at an outdoor event;
(8) (H) Meet and be subject to all other private
club requirements; and
(9) (I) Use an age verification system approved by
the commissioner.
(g) (9) “Private club bar” means an applicant for
a private club or licensed private club licensee that has a primary function
for the use of the licensed premises as a bar for the sale and consumption of
alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer when
licensed for such those sales, while providing a limited food
menu for members and guests, and meeting the criteria set forth in this subsection
subdivision which:
(1) (A) Has at least 100 members;
(2) (B) Operates a bar with a kitchen, including
at least: (A) (i) A two-burner hot plate, air fryer, or microwave
oven; (B) (ii) a sink with hot and cold running water; (C)
(iii) a 17 cubic foot refrigerator or freezer, or some combination of a
refrigerator and freezer which is not used for alcohol cold storage; (D)
(iv) kitchen utensils and other food consumption apparatus as determined
by the commissioner; and (E) (v) food fit for human consumption
available to be served during all hours of operation on the licensed premises;
(3) (C) Maintains, at any one time, $500 of food
inventory capable of being prepared in the private club bar’s kitchen. In
calculating the food inventory, the commissioner shall include television
dinners, bags of chips or similar products, microwavable food or meals, frozen
meals, prepackaged foods, or canned prepared foods;
(4) (D) Uses an age verification system approved
by the commissioner for the purpose of verifying that persons under the age of
18 who are in the private club bar are accompanied by a parent or legal
guardian, and if a person under 18 years of age is not accompanied by a parent
or legal guardian that person may not be admitted as a guest; and
(5) (E) Meets and is subject to all other private
club requirements.
(10) “Private food truck” means an applicant for a private club, licensed private club licensee, or licensed private manufacturer’s club licensee that has a primary function of operating a food preparation business using an industrial truck, van, or trailer to prepare food and meals for sale at various locations within the state while utilizing a propane or electric generator powered kitchen. The private food truck applicant shall obtain county or municipal approval to operate for food and liquor, wine, and nonintoxicating beer or nonintoxicating craft beer sales and service, while providing a food menu for members and guests. The private food truck applicant shall meet the criteria set forth in this subdivision which:
(A) Has at least 10 members;
(B) Operates with a kitchen, including at least: (i) A two-burner hot plate, air fryer, or microwave oven; (ii) a sink with hot and cold running water; (iii) at least a 10 cubic foot refrigerator or freezer, or some combination of a refrigerator and freezer which is not used for alcohol cold storage; and (iv) plastic or metal kitchen utensils and other food consumption apparatus as determined by the commissioner;
(C) Maintains, at any one time, $500 of food inventory that is fit for human consumption and capable of being prepared and served from the private food truck’s kitchen during all hours of operation;
(D) Shall be sponsored, endorsed, or approved by the governing body or its designee of the county or municipality in which the private food truck is to be located and operate, and further each location shall have a bounded and defined area and set hours for private food truck operations, sales, and consumption of alcohol that are not greater than a private club’s hours of operation;
(E) Provides the commissioner with a list of all locations, including a main business location, where the private food truck operates, and is approved for sales pursuant to subsection (D) of this section, and immediately update the commissioner when new locations are approved by a county or municipality;
(F) Requires all nonintoxicating beer and nonintoxicating craft beer sold, furnished, tendered, or served pursuant to the license created by this section to be purchased from the licensed distributor where the private food truck has its home location or from a resident brewer acting in a limited capacity as a distributor, all in accordance with §11-16-1 et seq. of this code.
(G) Requires wine or hard cider sold, furnished, tendered, or served pursuant to the license created by this section to be purchased from a licensed distributor, winery, or farm winery in accordance with §60-8-1 et seq. of this code.
(H) Requires liquor sold, furnished, tendered, or served pursuant to the license created by this section shall be purchased from a licensed retail liquor outlet in the market zone or contiguous market zone where the private food truck has its main business location, all in accordance with §60-3A-1 et seq. of this code.
(I) A licensee authorized by this section shall utilize bona fide employees to sell, furnish, tender, or serve the nonintoxicating beer or nonintoxicating craft beer, wine, or liquor.
(J) A brewer, resident brewer, winery, farm winery, distillery, mini-distillery, or micro-distillery may obtain a private food truck license;
(K) Licensed representatives of a brewer, resident brewer, beer distributor, wine distributor, wine supplier, winery, farm winery, distillery, mini-distillery, micro-distillery, and liquor broker representatives may attend a location where a private food truck is located and discuss their respective products but may not engage in the selling, furnishing, tendering, or serving of any nonintoxicating beer or nonintoxicating craft beer, wine, or liquor.
(L) Uses an age verification system approved by the commissioner for the purpose of verifying that persons under the age of 18 who are in the private club bar are accompanied by a parent or legal guardian, and if a person under 18 years of age is not accompanied by a parent or legal guardian that person may not be admitted as a guest;
(M) Obtains all permits required by §60-6-12 of this code; and
(N) Meets and is subject to all other applicable private club requirements.
(h) (11) “Private club restaurant” means an
applicant for a private club or licensed private club licensee that has a
primary function of using the licensed premises as a restaurant for serving
freshly prepared meals and dining in the restaurant area. The private club
restaurant may have a bar area separate from or commingled with the restaurant,
seating requirements for members and guests must shall be met by
the restaurant area. The applicant for a private club restaurant license which:
shall meet the criteria set forth in this subsection which:
(1) (A) Has at least 100 members;
(2) (B) Operate a restaurant and full kitchen with
at least: (A) (i) Ovens and four-burner
ranges; (B) (ii) refrigerators or freezers, or some
combination of refrigerators and freezers greater than 50 cubic feet, or a
walk-in refrigerator or freezer; (C) (iii) other kitchen utensils
and apparatus as determined by the commissioner; and (D) (iv)
freshly prepared food fit for human consumption available to be served during
all hours of operation on the licensed premises;
(3) (C) Maintains, at any one time, $1,000 of
fresh food inventory capable of being prepared in the private club restaurant’s
full kitchen. In calculating the food inventory, the commissioner may not
include television dinners, bags of chips or similar products, microwavable
meals, frozen meals, pre-packaged foods, or canned prepared foods;
(4) (D) Uses an age verification system approved
by the commissioner for the purpose of verifying that persons under 18 years of
age who are in the bar area of a private club restaurant are accompanied by a
parent or legal guardian. The licensee may not seat a person in the bar area
who is under the age of 18 years and who is not accompanied by a parent or
legal guardian, but may allow that person, as a guest, to dine for food and
nonalcoholic beverage purposes in the restaurant area of a private club
restaurant:
(5) (E) May uncork and serve members and guests up
to two bottles of wine that a member purchased from a wine retailer, wine
specialty shop, an applicable winery or farm winery when licensed for retail
sales, or a licensed wine direct shipper when the purchase is for personal use
and, not for resale. The licensee may charge a corkage fee of up to $10 dollars
per bottle. In no event may a member or a group of members and guests exceed
two sealed bottles or containers of wine to carry onto the licensed premises
for uncorking and serving by the private club restaurant and for personal
consumption by the member and guests. A member or guest may cork and reseal any
unconsumed wine bottles as provided in §60-8-3(j) of this code and the
legislative rules for carrying unconsumed wine off the licensed premises;
(6) (F) Must have Has at least two
restrooms for members and their guests: Provided, That this requirement
may be waived by the local health department upon supplying a written waiver of
the requirement to the commissioner: Provided, however, That the
requirement may also be waived for a historic building by written waiver
supplied to commissioner of the requirement from the historic association or
district with jurisdiction over a historic building: Provided, further
That in no event shall may a private club restaurant have less
than one restroom; and
(7) (G) Shall meet and be Meets and is
subject to all other private club requirements.
(i) (12) “Private manufacturer club” means an
applicant for a private club or licensed private club licensee which is also
licensed as a distillery, mini-distillery, micro-distillery, winery, farm
winery, brewery, or resident brewery that manufacturers liquor, wine,
nonintoxicating beer or nonintoxicating craft beer, which may be sold, served,
and furnished to members and guests for on-premises consumption at the
licensee’s licensed premises and in the area or areas denoted on the licensee’s
floorplan, and which: meets the criteria set forth in this subsection and
which:
(1) (A) Has at least 100 members;
(2) (B) Offers tours, may offer complimentary
samples, and may offer space as a conference center or for meetings;
(3) (C) Operates a restaurant and full kitchen
with ovens, four-burner ranges, a refrigerator, or freezer, or some combination
of a refrigerator and freezer, and other kitchen utensils and apparatus as
determined by the commissioner on the licensed premises and serves freshly
prepared food at least 15 hours per week;
(4) (D) Maintains, at any one time, $500 of fresh
food inventory capable of being prepared in the private manufacturer club’s
full kitchen. In calculating the food inventory, the commissioner may not
include television dinners, bags of chips or similar products, microwavable
meals, frozen meals, pre-packaged foods, or canned prepared foods;
(5) (E) Owns or leases, controls, operates, and
uses acreage amounting to at least one acre which is contiguous bounded or
fenced real property that would be listed on the licensee’s floorplan and may
be used for large events such as weddings, reunions, conferences, meetings, and
sporting or recreational events;
(6) (F) Lists the entire property from subdivision
(5) paragraph (E) of this subsection subdivision and
all adjoining buildings and structures on the private manufacturer club’s
floorplan that would comprise the licensed premises, which would be authorized
for the lawful sale, service, and consumption of alcoholic liquors,
nonintoxicating beer or nonintoxicating craft beer, and wine throughout the
licensed premises, whether these activities were conducted in a building or
structure or outdoors while on the private manufacturer club’s licensed
premises, and as noted on the private manufacturer club’s floorplan;
(7) (G) Identifies a person, persons, an entity,
or entities who or which has right, title, and ownership or lease interest in
the real property, buildings, and structures located on the proposed licensed
premises;
(8) (H) Uses an age verification system approved
by the commissioner; and
(9) (I) Meets and is subject to all other private
club requirements.
(j) (13) “Private
fair and festival” means an applicant for a private club or a licensed private
club meeting the requirements of §60-7-8a of this code for a temporary event,
and the criteria set forth in this subsection subdivision which:
(1) (A) Has at least 100 members;
(2) (B) Has been sponsored, endorsed, or approved,
in writing, by the governing body (or its duly elected or appointed officers)
of either the municipality or of the county in which the festival, fair, or
other event is to be conducted;
(3) (C) Prepares, provides, or engages a food
vendor to provide adequate freshly prepared food or meals to serve its stated
members and guests who will be attending the temporary festival, fair, or other
event, and further shall provide any documentation or agreements of such
to the commissioner prior to approval;
(4) (D) Does not use third-party entities or
individuals to purchase, sell, furnish, or serve alcoholic liquors,
nonintoxicating beer or nonintoxicating craft beer;
(5) (E) Provides adequate restroom facilities,
whether permanent or portable, to serve the stated members and guests who will
be attending the festival, fair, or other event;
(6) (F) Provides a floorplan for the proposed
premises with a defined and bounded area to safely account for the ingress and
egress of stated members and guests who will be attending the festival, fair,
or other event;
(7) (G) Uses an age verification system approved
by the commissioner; and
(8) (H) Meets and is subject to all other private
club requirements.
(k) (14) “Private
hotel” means an applicant for a private club or licensed private club licensee
meeting the criteria set forth in this subsection which:
(1) (A) Has at least 2,000 members;
(2) (B) Offers short-term, daily rate
accommodations or lodging for members and their guests amounting to at least 30
separate bedrooms, and also offers a conference center for meetings;
(3) (C) Operates a restaurant and full kitchen
with ovens, four-burner ranges, walk-in freezers, and other kitchen utensils
and apparatus as determined by the commissioner on the licensed premises and
serves freshly prepared food at least 20 hours per week;
(4) (D) Maintains, at any one time, $2,500 of
fresh food inventory capable of being prepared in the private hotel’s full
kitchen and in calculating the food inventory the commissioner may not include
microwavable, frozen, or canned foods;
(5) (E) Owns or leases, controls, operates, and
uses acreage amounting to more than one acre but fewer than three acres, which
are contiguous acres of bounded or fenced real property which would be listed
on the licensee’s floorplan and would be used for hotel and conferences and
large contracted-for group-type events such as weddings, reunions, conferences,
meetings, and sporting or recreational events;
(6) (F) Lists the entire property from subdivision
(5) paragraph (E) of this subsection subdivision and
all adjoining buildings and structures on the private hotel’s floorplan which
would comprise the licensed premises, which would be authorized for the lawful
sales, service, and consumption of alcoholic liquors throughout the licensed
premises whether these activities were conducted in a building or structure or
outdoors while on the private hotel’s licensed premises and as noted on the
private hotel’s floorplan;
(7) (G) Has an identified person, persons, or
entity that has right, title, and ownership or lease interest in the real
property buildings and structures located on the proposed licensed premises;
(8) (H) Uses an age verification system approved
by the commissioner; and
(9) (I) Meets and is subject to all other private
club requirements; and
(J) May provide members and guests who are verified by proper form of identification to be 21 years of age or older to have secure access via key or key card to an in-room mini-bar in their rented short-term accommodation; the mini-bar may be a small refrigerator not in excess of 1.6 cubic feet for the sale of nonintoxicating beer or nonintoxicating craft beer, wine, hard cider, and liquor sold from the original sealed container, and the refrigerator may contain: (i) Any combination of 12 fluid ounce cans or bottles not exceeding 72 fluid ounces of nonintoxicating beer or nonintoxicating craft beer; (ii) any combination of cans or bottles of wine or hard cider not exceeding 750 ml of wine or hard cider; (iii) liquor in bottles sized from 50 ml, 100 ml, and 200 ml, with any combination of those liquor bottles not exceeding 750 ml; and (iv) any combination of canned or packaged food valued at least $50. All markups, fees, and taxes shall be charged on the sale of nonintoxicating beer, nonintoxicating craft beer, wine, and liquor. All nonintoxicating beer or nonintoxicating craft beer available for sale shall be purchased from the licensed distributor in the area where licensed. All wine or hard cider available for sale shall be purchased from a licensed wine distributor or authorized farm winery. All liquor available for sale shall be purchased from the licensed retail liquor outlet in the market zone of the licensed premises. The mini-bar shall be checked daily and replenished as needed to benefit the member and guest.
(l) (15) “Private resort hotel” means an applicant
for a private club or licensed private club licensee which: meeting
the criteria set forth in this subsection which:
(1) (A) Has at least 5,000 members;
(2) (B) Offers short term, daily rate
accommodations or lodging for members and their guests amounting to at least 50
separate bedrooms;
(3) (C) Operates a restaurant and full kitchen
with ovens, six-burner ranges, walk-in freezers, and other kitchen utensils and
apparatus as determined by the commissioner on the licensed premises and serves
freshly prepared food at least 25 hours per week;
(4) (D) Maintains, at any one time, $5,000 of
fresh food inventory capable of being prepared in the private resort hotel’s
full kitchen. and In calculating the food inventory the commissioner may
not include microwavable, frozen, or canned foods;
(5) (E) Owns or leases, controls, operates, and
uses acreage amounting to at least 10 contiguous acres of bounded or fenced
real property which would be listed on the licensee’s floorplan and would be
used for destination, resort, and large contracted-for group-type events such
as weddings, reunions, conferences, meetings, and sporting or recreational
events;
(6) (F) Lists the entire property from subdivision
(5) paragraph (E) of this subsection subdivision and
all adjoining buildings and structures on the private resort hotel’s floorplan which
would comprise comprising the licensed premises, which would
be authorized for the lawful sales, service, and consumption of alcoholic
liquors throughout the licensed premises whether these activities were
conducted in a building or structure or outdoors while on the private resort
hotel’s licensed premises; and as noted on the private resort hotel’s
floorplan;
(7) (G) Has an identified person, persons, or
entity that has right, title, and ownership or lease interest in the real property,
buildings, and structures located on the proposed licensed premises;
(8) (H) Uses an age verification system approved
by the commissioner;
(9) (I) Meets and is subject to all other private
club requirements; and
(10) (J) May have a separately licensed resident
brewer with a brewpub license inner-connected via a walkway, doorway, or
entryway, all as determined and approved by the commissioner, for limited
access during permitted hours of operation for tours and complimentary samples
at the resident brewery; and
(K) May provide members and guests who are verified by proper form of identification to be 21 years of age or older to have access via key or key card to an in-room mini-bar in their rented short-term accommodation. The mini-bar may be a small refrigerator not in excess of 3.2 cubic feet for the sale of nonintoxicating beer, nonintoxicating craft beer, wine, hard cider, and liquor sold from the original sealed container, and the refrigerator may contain: (i) Any combination of 12 fluid ounce cans or bottles not exceeding 144 fluid ounces of nonintoxicating beer or nonintoxicating craft beer; (ii) any combination of cans or bottles of wine or hard cider not exceeding one and a half liters of wine or hard cider; (iii) liquor in bottles sized from 50 ml, 100 ml, 200 ml, and 375 ml with any combination of such liquor bottles not exceeding one and a half liters; and (iv) any combination of canned or packaged food valued at least $100. All markups, fees, and taxes shall be charged on the sale of nonintoxicating beer, nonintoxicating craft beer, wine, and liquor. All nonintoxicating beer or nonintoxicating craft beer available for sale shall be purchased from the licensed distributor in the area where licensed. All wine or hard cider available for sale shall be purchased from a licensed wine distributor or authorized farm winery. All liquor available for sale shall be purchased from the licensed retail liquor outlet in the market zone of the licensed premises. The mini-bar shall be checked daily and replenished as needed to benefit the member and guest.
(m) (16) “Private golf club” means an applicant
for a private club or licensed private club licensee meeting the criteria set
forth in this subsection subdivision which:
(1) (A) Has at least 100 members;
(2) (B) Maintains at least one 18-hole golf course
with separate and distinct golf playing holes, not reusing nine golf playing
holes to comprise the 18 golf playing holes, and a clubhouse;
(3) (C) Operates a restaurant and full kitchen
with ovens, as determined by the commissioner, on the licensed premises and
serves freshly prepared food at least 15 hours per week;
(4) (D) Owns or leases, controls, operates, and
uses acreage amounting to at least 80 contiguous acres of bounded or fenced
real property which would be listed on the private golf club’s floorplan and
could be used for golfing events and large contracted-for group-type events
such as weddings, reunions, conferences, meetings, and sporting or recreational
events;
(5) (E) Lists the entire property from subdivision
(4) paragraph D of this subsection and all adjoining buildings and
structures on the private golf club’s floorplan which would comprise comprising
the licensed premises, which would be authorized for the lawful sales,
service, and consumption of alcoholic liquors throughout the licensed premises
whether these activities were conducted in a building or structure or outdoors
while on the private golf club’s licensed premises; and as noted on the
private golf club’s floorplan;
(6) (F) Has an identified person, persons, or
entity that has right, title, and ownership interest in the real property,
buildings, and structures located on the proposed licensed premises;
(7) (G) Uses an age verification system approved
by the commissioner; and
(8) (H) Meets and is subject to all other private
club requirements.
(n) (17) “Private nine-hole golf course” means an
applicant for a private club or licensed private club licensee meeting the
criteria set forth in this subsection subdivision which:
(1) (A) Has at least 50 members;
(2) (B) Maintains at least one nine-hole golf course
with separate and distinct golf playing holes;
(3) (C) Operates a restaurant and full kitchen
with ovens, as determined by the commissioner, on the licensed premises and
serves freshly prepared food at least 15 hours per week;
(4) (D) Owns or leases, controls, operates, and
uses acreage amounting to at least 30 contiguous acres of bounded or fenced
real property which would be listed on the private nine-hole golf course’s
floorplan and could be used for golfing events and large contracted for
group-type events such as weddings, reunions, conferences, meetings, and
sporting or recreational events;
(5) (E) Lists the entire property from subdivision
(4) paragraph (D) of this subsection subdivision and
all adjoining buildings and structures on the private nine-hole golf course’s
floorplan which would comprise comprising the licensed premises, which
would be authorized for the lawful sales, service, and consumption of alcoholic
liquors throughout the licensed premises whether these activities were
conducted in a building or structure or outdoors while on the private nine-hole
golf course’s licensed premises; and as noted on the private nine-hole golf
course’s floorplan;
(6) (F) Has an identified person, persons, or
entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
(7) (G) Uses an age verification system approved
by the commissioner; and
(8) (H) Meets and is subject to all other private
club requirements.
(o) (18) “Private tennis club” means an applicant
for a private club or licensed private club licensee meeting the criteria
set forth in this subsection subdivision which:
(1) (A) Has at least 100 members;
(2) (B) Maintains at least four separate and
distinct tennis courts, either indoor or outdoor, and a clubhouse or similar
facility;
(3) (C) Has a restaurant and full kitchen with
ovens, as determined by the commissioner, on the licensed premises and is
capable of serving freshly prepared food;
(4) (D) Owns or leases, controls, operates, and
uses acreage amounting to at least two contiguous acres of bounded or fenced
real property which would be listed on the private tennis club’s floorplan and
could be used for tennis events and large events such as weddings, reunions,
conferences, tournaments, meetings, and sporting or recreational events;
(5) (E) Lists the entire property from subdivision
(4) paragraph (D) of this subsection subdivision and
all adjoining buildings and structures on the private tennis club’s floorplan that
would comprise comprising the licensed premises, which would
be authorized for the lawful sales, service, and consumption of alcoholic
liquors throughout the licensed premises whether these activities were
conducted in a building or structure or outdoors while on the private tennis
club’s licensed premises; and as noted on the private tennis club’s
floorplan;
(6) (F) Has identified a person, persons, an
entity, or entities who or which has right, title, and ownership interest in
the real property buildings and structures located on the proposed licensed
premises;
(7) (G) Meets and is subject to all other private
club requirements; and
(8) (H) Uses an age verification system approved
by the commissioner.
(19) “Private college sports stadium” means an applicant for a private club or licensed private club licensee that operates a college or university stadium or coliseum for Division I, II, or III and involves a college public or private or university that is a member of the National Collegiate Athletic Association, or its successor, and uses the facility for football, basketball, baseball, soccer, or other Division I, II, or III sports, reserved weddings, reunions, conferences, meetings, or other special events and does not maintain daily or regular operating hours as a bar or restaurant. The licensee may sell alcoholic liquors when conducting or temporarily hosting non-collegiate sporting events. This license may be issued in the name of the National Collegiate Athletic Association Division I, II, or III college or university or the name of the primary food and beverage vendor under contract with that college or university. All alcohol sales shall take place within the confines of the college stadium: Provided, That any outside area approved for alcohol sales shall be surrounded by a fence or other barrier prohibiting entry except upon the college or university’s express permission, and under the conditions and restrictions established by the college or university, so that the alcohol sales area is closed in order to prevent entry and access by the general public. Further the applicant shall:
(A) Have at least 1,000 members;
(B) Maintain an open-air or closed-air stadium or coliseum venue primarily used for sporting events, such as football, basketball, baseball, soccer, or other Division I, II, or III sports, and also weddings, reunions, conferences, meetings, or other events where parties shall reserve the college stadium venue in advance of the event;
(C) Operate a restaurant
and full kitchen with ovens and equipment that is equivalent or greater than a
private club restaurant, as determined by the commissioner, on the licensed
premises and capable of serving freshly prepared food or meals to serve
its stated members, guests, and patrons who will be attending the event at the
private college sports stadium;
(D) Own or lease, control, operate, and use acreage amounting to at least two contiguous acres of bounded or fenced real property, as determined by the commissioner, which would be listed on the private college stadium’s floorplan and could be used for contracted-for temporary non-collegiate sporting events, group-type weddings, reunions, conferences, meetings, or other events;
(E) List the entire property from paragraph (D) of this subdivision and all adjoining buildings and structures on the private college sports stadium’s floorplan which would comprise the licensed premises, which would be authorized for the lawful sales, service, and consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer throughout the licensed premises whether these activities were conducted in a building or structure or outdoors while on the private college sports stadium’s licensed premises and as noted on the private college sports stadium’s floorplan;
(F) Have an identified person, persons, or entity that has right, title, and ownership interest in the real property buildings and structures located on the proposed licensed premises;
(G) Meet and be subject to all other private club requirements; and
(H) Use an age verification system approved by the commissioner.
(p) (20) “Private professional sports stadium”
means an applicant for a private club or licensed private club licensee that is
only open for professional sporting events when such the events
are affiliated with or sponsored by a professional sporting association,
reserved weddings, reunions, conferences, meetings, or other special events and
does not maintain daily or regular operating hours as a bar or restaurant. The
licensee may not sell alcoholic liquors when conducting or hosting
non-professional sporting events, and further the applicant shall:
(1) (A) Have at least 1,000 members;
(2) (B) Maintain an open-air or closed-air stadium
venue primarily used for sporting events, such as football, baseball, soccer,
auto racing, or other professional sports, and also weddings, reunions,
conferences, meetings, or other events where parties must reserve the
stadium venue in advance of the event;
(3) (C) Operate a restaurant and full kitchen with
ovens, as determined by the commissioner, on the licensed premises and capable
of serving freshly prepared food or meals to serve its stated members, guests,
and patrons who will be attending the event at the private professional sports
stadium;
(4) (D) Own or lease, control, operate, and use
acreage amounting to at least three contiguous acres of bounded or fenced real
property, as determined by the commissioner, which would be listed on the
professional sports stadium’s floorplan and could be used for contracted- for
professional sporting events, group-type weddings, reunions, conferences,
meetings, or other events;
(5) (E) List the entire property from subdivision (4)
paragraph (D) of this subsection subdivision and all
adjoining buildings and structures on the private professional sports stadium’s
floorplan which would comprise comprising the licensed premises, which
would and be authorized for the lawful sales, service, and consumption of
alcoholic liquors throughout the licensed premises whether these activities
were conducted in a building or structure or outdoors while on the private
professional sports stadium’s licensed premises; and as noted on the private
professional sports stadium’s floorplan;
(6) (F) Have an identified person, persons, or
entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
(7) (G) Meet and be subject to all other private club
requirements; and
(8) (H) Use an age verification system approved by
the commissioner.
(q) (21) “Private farmers market” means an
applicant for a private club or licensed private club licensee that operates as
an association of bars, restaurants, retailers who sell West Virginia- made
products among other products, and other stores who open primarily during
daytime hours of 6:00 a.m. to 6:00 p.m., but may operate in the day or evenings
for special events where the sale of food and alcoholic liquors and
nonintoxicating beer or nonintoxicating craft beer may occur for on-premises
consumption, such as reserved weddings, reserved dinners, pairing events,
tasting events, reunions, conferences, meetings, or other special events and
does not maintain daily or regular operating hours as a bar or restaurant, and
all business businesses that are members of the association have
agreed in writing to be liable and responsible for all sales, service,
furnishing, tendering, and consumption of alcoholic liquors and nonintoxicating
beer or nonintoxicating craft beer occurring on the entire licensed premises of
the private farmer’s market, including indoor and outdoor bounded areas, and
further the applicant shall:
(1) (A) Have at least 100 members;
(2) (B) Have one or more members operating a
private club restaurant and full kitchen with ovens, four-burner ranges, a refrigerator
or freezer or some combination of a refrigerator and freezer, and other kitchen
utensils and apparatus as determined by the commissioner on the licensed
premises and serves freshly prepared food at least 15 hours per week;
(3) (C) Have one or more members operating who
maintain, at any one time, $1,000 of fresh food inventory capable of being
prepared for events conducted at the private farmers market in the private club
restaurant’s full kitchen, and in calculating the food inventory the commissioner
may not include television dinners, bags of chips or similar products,
microwavable meals, frozen meals, pre-packaged foods, or canned prepared foods;
(4) (D) Have an association that owns or leases,
controls, operates, and uses acreage amounting to more than one acre, which is
contiguous acreage of bounded or fenced real property which would be listed on
the licensee’s floorplan and would be used for large contracted-for reserved
weddings, reserved dinners, pairing events, tasting events, reunions, conferences,
meetings, or other special events;
(5) (E) Have an association that lists in the
application for licensure the entire property and all adjoining buildings and
structures on the private farmers market’s floorplan which would comprise the
licensed premises, which would be authorized for the lawful sales, service, and
consumption of alcoholic liquors and nonintoxicating beer or nonintoxicating
craft beer throughout the licensed premises whether these activities were
conducted in a building or structure or outdoors while on the private farmers
market’s licensed premises and as noted on the private farmers market’s
floorplan;
(6) (F) Have an identified person, persons, or
entity that has right, title, and ownership or lease interest in the real
property buildings and structures located on the proposed licensed premises;
(7) (G) Have at least two separate and unrelated
vendors applying for the license and certifying that all vendors in the
association have agreed to the liability responsibility associated with a
private farmers market license;
(8) (H) Only use its employees, independent
contractors, or volunteers to purchase, sell, furnish, or serve liquor, wine,
nonintoxicating beer or nonintoxicating craft beer;
(9) (I) Provide adequate restroom facilities,
whether permanent or portable, to serve the stated members and guests who will
be attending the private farmers market;
(10) (J) Provide a copy of a written agreement
between all the vendors of the association that is executed by all vendors
stating that each vendor is jointly and severally liable for any violations of
this chapter committed during the event;
(11) (K) Provide a security plan indicating all
vendor points of service, entrances, and exits in order to verify members,
patrons, and guests ages, to verify whether a member, patron, or guest
is intoxicated and to provide for the public health and safety of members,
patrons, and guests;
(12) (L) Use an age verification system approved by
the commissioner; and
(13) (M) Meet and be subject to all other private
club requirements.
(r) (22) “Private wedding venue or barn” means an
applicant for a private club or licensed private club licensee that is only
open for reserved weddings, reunions, conferences, meetings, or other events
and does not maintain daily or regular operating hours, and which:
(1) (A) Has at least 25 members;
(2) (B) Maintains a venue, facility, barn, or
pavilion primarily used for weddings, reunions, conferences, meetings, or other
events where parties must reserve or contract for the venue, facility,
barn, or pavilion in advance of the event;
(3) (C) Operates a restaurant and full kitchen
with ovens, as determined by the commissioner, on the licensed premises and
that is capable of serving freshly prepared food, or may engage a food
caterer to provide adequate freshly prepared food or meals to serve its stated
members, guests, and patrons who will be attending the event at the private
wedding venue or barn. The applicant or licensee shall provide written
documentation including a list of food caterers or written agreements regarding
any food catering operations to the commissioner prior to approval of a food
catering event;
(4) (D) Owns or leases, controls, operates, and
uses acreage amounting to at least two contiguous acres of bounded or fenced
real property. The applicant or licensee shall verify that, the property is not
less than two acres and is remotely located, subject to the commissioner’s
approval. The bounded or fenced real property may be listed on the private
wedding venue’s floorplan and may be used for large events such as weddings,
reunions, conferences, meetings, or other events;
(5) (E) Lists the entire property from subdivision
(4) paragraph (D) of this subsection subdivision and
all adjoining buildings and structures on the private wedding venue or barn’s
floorplan that would comprise the licensed premises, which and would
be authorized for the lawful sales, service, and consumption of alcoholic
liquors throughout the licensed premises whether these activities were
conducted in a building or structure or outdoors while on the private wedding
venue or barn’s licensed premises; and as noted on the private wedding venue
or barn’s floorplan;
(6) (F) Has an identified person, persons, or
entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
(7) (G) Meets and is subject to all other private
club requirements; and
(8) (H) Uses an age verification system approved
by the commissioner.
(s) (23) “Private multi-sport complex” means an
applicant for a private club or licensed private club licensee that is open for
multiple sports events to be played at the complex facilities, reserved
weddings, concerts, reunions, conferences, meetings, or other special events,
and which:
(1) (A) Has at least 100 members;
(2) (B) Maintains an open-air multi-sport complex
primarily for use for sporting events, such as baseball, soccer, basketball,
tennis, frisbee, or other sports, but may also conduct weddings, concerts,
reunions, conferences, meetings, or other events where parties must
reserve the parts of the sports complex in advance of the sporting or other
event;
(3) (C) Operates a restaurant and full kitchen
with ovens in the licensee’s main facility, as determined by the commissioner,
on the licensed premises and capable of serving freshly prepared food, or meals
to serve its stated members, guests, and patrons who will be attending the
event at the private professional sports stadium multi-sport complex.
A licensee may contract with temporary food vendors or food trucks for food
sales only, but not on a permanent basis, in areas of the multi-sport complex
not readily accessible by the main facility;
(4) (D) Maintains, at any one time, $1,000 of
fresh food inventory capable of being prepared in the private multi-sport
complex’s full kitchen. In calculating the food inventory, the commissioner may
not include television dinners, bags of chips or similar products, microwavable
meals, frozen meals, prepackaged foods, or canned prepared foods;
(5) (E) Owns or leases, controls, operates, and
uses acreage amounting to at least 50 contiguous acres of bounded or fenced
real property, as determined by the commissioner, which would be listed on the
private multi-sport complex’s floorplan and could be used for contracted-for
sporting events, group-type weddings, concerts, reunions, conferences,
meetings, or other events;
(6) (F) Lists the entire property from subdivision
(5) paragraph (E) of this subsection subdivision and
all adjoining buildings and structures on the private multi-sport complex’s
floorplan which would comprise the licensed premises, which would be authorized
for the lawful sales, service, and consumption of alcoholic liquors throughout
the licensed premises whether these activities were conducted in a building or
structure or outdoors while on the private multi-sport complex’s licensed
premises and as noted on the private multi-sport complex’s floorplan. The
licensee may sell alcoholic liquors and nonintoxicating beer or
nonintoxicating craft beer from a golf cart or food truck owned or leased
by the licensee and also operated by the licensee when the golf cart or food
truck is located on the private multi-sport complex’s licensed premises;
(7) (G) Has an identified person, persons, or
entity that has right, title, and ownership interest in the real property
buildings and structures located on the proposed licensed premises;
(8) (H) Meets and is subject to all other private
club requirements; and
(9) (I) Uses an age verification system approved
by the commissioner.
The Department of Natural Resources, the authority governing any county or municipal park, or any county commission, municipality, other governmental entity, public corporation, or public authority operating any park or airport may lease, as lessor, a building or portion thereof or other limited premises in any park or airport to any corporation or unincorporated association for the establishment of a private club pursuant to this article.
§60-7-6. Annual license fee; partial fee; and reactivation fee.
(a) The annual license fee for a license issued under the provisions of this article to a fraternal or veterans’ organization or a nonprofit social club is $750.
(b) The annual license fee for a license issued under the provisions of this article to a private club other than a private club of the type specified in subsection (a) of this section is $1,000 if the private club bar or restaurant has fewer than 1,000 members; $1,000 for a private club restaurant, private hotel, or private resort hotel to be licensed as a private caterer as defined in §60-7-2 of this code; $500 if the private club is a private bakery; $1,500 if the private club is a private wedding venue or barn or a private cigar shop; $2,000 if the private club is a private nine-hole golf course, private farmers market, private food truck, private college sports stadium, private professional sports stadium, private multi-sport complex, private manufacturer club, or a private tennis club as defined in §60-7-2 of this code; $2,500 if the private club bar or private club restaurant has 1,000 or more members; $4,000 if the private club is a private hotel with three or fewer designated areas or a private golf club as defined in §60-7-2 of this code; and further, if the private club is a private resort hotel as defined in §60-7-2 of this code, the private resort hotel may designate areas within the licensed premises for the lawful sale, service, and consumption of alcoholic liquors as provided for by this article. The annual license fee for a private resort hotel with five or fewer designated areas is $7,500 and the annual license fee for a private resort hotel with at least six, but no more than 10 designated areas is $12,500. The annual license fee for a private resort hotel with at least 11, but no more than 15 designated areas shall be $17,500. The annual license fee for a private resort hotel with no fewer than 15 nor more than 20 designated areas is $22,500. A private resort hotel that obtained the license and paid the $22,500 annual license fee may, upon application to and approval of the commissioner, designate additional areas for a period not to exceed seven days for an additional fee of $150 per day, per designated area.
(c) The fee for any license issued following January 1 of any year that expires on June 30 of that year is one half of the annual license fee prescribed by subsections (a) and (b) of this section.
(d) A licensee that fails to complete a renewal application and make payment of its annual license fee in renewing its license on or before June 30 of any subsequent year, after initial application, shall be charged an additional $150 reactivation fee. The fee payment may not be prorated or refunded, and the reactivation fee shall be paid prior to the processing of any renewal application and payment of the applicable full year annual license fee. A licensee who continues to operate upon the expiration of its license is subject to all fines, penalties, and sanctions available in §60-7-13 and §60-7-13a of this code, all as determined by the commissioner.
(e) The commissioner shall
pay the fees to the State Treasurer and credited to for deposit into
the General Revenue Fund of the state.
(f) The Legislature finds that the hospitality industry has been particularly damaged by the COVID-19 pandemic and that some assistance is warranted to promote reopening and continued operation of private clubs and restaurants licensed under this article. Accordingly, the fees set forth in subsections (a) and (b) of this section are temporarily modified as follows;
(1) License fees for the license period beginning July 1, 2021, shall be reduced to one third of the rate set forth in subsections (a) and (b) of this section;
(2) License fees for the license period beginning July 1, 2022, shall be two thirds of the rate set forth in subsections (a) and (b) of this section; and
(3) License fees for the license period beginning July 1, 2023, and beyond, shall be as set forth in subsections (a) and (b) of this section.
ARTICLE 8. SALE OF WINES.
§60-8-6c. Winery and farm winery license to sell wine growlers and provide complimentary samples prior to purchasing a wine growler.
(a) Legislative findings. — The Legislature hereby finds that it is in the public interest to regulate, control, and support the brewing, manufacturing, distribution, sale, consumption, transportation, and storage of wine and its industry in this state to protect the public health, welfare, and safety of the citizens of this state, and promote hospitality and tourism. Therefore, this section authorizes a licensed winery or farm winery with its principal place of business and manufacture located in this state to have certain abilities to promote the sale of wine manufactured in this state for the benefit of the citizens of this state, the state’s growing wine industry, and the state’s hospitality and tourism industry, all of which are vital components for the state’s economy.
(b) Sales of wine. — A licensed winery or farm winery with its principal place of business and manufacture located in the State of West Virginia may, when licensed under this section, offer only wine manufactured by the licensed winery or farm winery for retail sale to customers from the winery or farm winery’s licensed premises for consumption off of the licensed premises only in the form of original container sealed wine kegs, wine bottles, or wine cans, or also a sealed wine growler for personal consumption, and not for resale. A licensed winery or farm winery may not sell, give, or furnish wine for consumption on the premises of the principal place of business and manufacture located in the State of West Virginia, except for the limited purpose of complimentary samples as permitted in subsection (c) of this section or unless separately licensed as a private wine restaurant or a private manufacturer club.
(c) Complimentary samples. — A licensed winery or farm winery with its principal place of business and manufacture located in the State of West Virginia may offer complimentary samples of wine as set forth in §60-4-3b of this code.
(d) Retail sales. — Every licensed winery or farm winery under this section shall comply with all the provisions of this article as applicable to wine retailers when conducting wine growler sales and is subject to all applicable requirements and penalties in this article.
(e) Payment of taxes and fees. — A winery or farm winery licensed under this section shall pay all taxes and fees required of licensed wine retailers, in addition to any other taxes and fees required, and shall meet applicable licensing provisions as required by this chapter and by rule of the commissioner.
(f) Advertising. — A winery or farm winery under this section may advertise a particular brand or brands of wine produced by the licensed winery or farm winery and the price of the wine subject to state and federal requirements or restrictions. The advertisement may not encourage intemperance or target minors.
(g) Wine Growler defined.
– For purposes of this section and section §60-8-6d of the code, “wine growler”
means a container or jug that is made of glass, ceramic, metal, or other
material approved by the commissioner, that may be no larger than 128 fluid
ounces in size and is capable of being securely sealed. The growler may be used
by an authorized licensee for purposes of off-premises sales only of wine for
personal consumption, and not for resale. The wine served and sold in a
sealed wine growler may include ice or water mixed with the wine to create a
frozen alcoholic beverage. Any frozen alcoholic beverage machine used for
filling wine growlers shall be sanitized daily and shall be under control and
served by the licensee from the secure area. Notwithstanding any other
provision of this code to the contrary, a securely sealed wine growler is not
an open container under state and local law. A wine growler with a broken seal
is an open container under state and local law unless it is located in an area
of the motor vehicle physically separated from the passenger compartment. For
purpose of this article, a secure seal means using a tamper evident seal, such
as: (1) A plastic heat shrink wrap band, strip, or sleeve extending around the
cap or lid of wine growler to form a seal that must shall be broken
when the container is opened; or (2) A screw top cap or lid that breaks apart
when the wine growler is opened.
(h) Wine Growler requirements. — A winery or farm winery licensed under this section shall prevent patrons from accessing the secure area where the winery or farm winery fills a wine growler and prevent patrons from filling a wine growler. A licensed winery or farm winery under this section shall sanitize, fill, securely seal, and label any wine growler prior to its sale. A licensed winery or farm winery under this section may refill a wine growler subject to the requirements of this section. A winery or farm winery shall visually inspect any wine growler before filling or refilling it. A winery or farm winery may not fill or refill any wine growler that appears to be cracked, broken, unsafe, or otherwise unfit to serve as a sealed beverage container.
(i) Wine Growler labeling. — A winery or farm winery licensed under this section selling wine growlers shall affix a conspicuous label on all sold and securely sealed wine growlers listing the name of the licensee selling the wine growler, the brand of the wine in the wine growler, the alcohol content by volume of the wine in the wine growler, and the date the wine growler was filled or refilled. All labeling on the wine growler shall be consistent with all federal labeling and warning requirements.
(j) Wine Growler sanitation. — A licensed winery or farm winery authorized under this section shall clean and sanitize all wine growlers it fills or refills in accordance with all state and county health requirements prior to its filling and sealing. In addition, the licensed winery or farm winery shall sanitize, in accordance with all state and county health requirements, all taps, tap lines, pipelines, barrel tubes, and any other related equipment used to fill or refill growlers. Failure to comply with this subsection may result in penalties under this article.
(k) Fee. — There is no additional fee for a licensed winery or farm winery authorized under this section to sell wine growlers, but the licensee shall meet all other requirements of this section.
(l) Limitations on licensees. — To be authorized under this section, a licensed winery or farm winery may not produce more than 10,000 gallons of wine per calendar year at the winery or farm winery’s principal place of business and manufacture located in the State of West Virginia. A licensed winery or farm winery authorized under this section is subject to the applicable penalties under this article for violations of this section.
(m) Rules. — The commissioner, in consultation with the Bureau for Public Health, may propose legislative rules concerning sanitation for legislative approval, pursuant to §29A-3-1 et seq. of this code, to implement this section.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY, AND DECENCY.
§61-8-27. Unlawful admission of children to dance house, etc.; penalty.
Any proprietor or any
person in charge of a dance house, concert saloon, theater, museum, or similar
place of amusement, or other place, where wines or spirituous or malt liquors
are sold or given away, or any place of entertainment injurious to health or
morals who admits or permits to remain therein any minor under the age of 18
years, unless accompanied by his or her parent or guardian, is guilty of a
misdemeanor and, on upon conviction thereof, shall be punished
by a fine not exceeding $200: Provided, That there is exemption from
this prohibition for: (a) A private bakery, private cigar shop, private
caterer, private club restaurant, private manufacturer club, private fair and
festival, private resort hotel, private hotel, private golf club, private
food truck, private nine-hole golf course, private tennis club, private
wedding venue or barn, private outdoor dining and private outdoor street
dining, private multi-vendor fair and festival license, private farmers market,
private college sports stadium or coliseum, private professional sports
stadium, and a private multi-sports complex licensed pursuant to §60-7-1 et
seq. of this code and in compliance with §60-7-2(f)(115), §60-7-2(h)(49),
§60-7-2(i)(8), §60-7-2(j)(7), §60-7-2(k)(84), §60-7-2(l)(8),
§60-7-2(m)(7), §60-7-2(n)(78), §60-7-2(o)(8), §60-7-2(p)(87),
§60-7-2(q)(128), §60-7-2(r)(8), §60-7-2(s)(97), §60-7-2(6)(iv),
§60-7-2(7)(D), §60-7-2(8)(I), §60-7-2(10)(L), §60-7-2(11)(D), §60-7-2(12)(H),
§60-7-2(13)(6), §60-7-2(14)(H), 60-7-2(15)(H), §60-7-2(16)(G),
§60-7-2(17)(G), §60-7-2(18)(H), §60-7-2(19)(H), §60-7-2(20)(H), §60-7-2(21)(L),
§60-7-2(22)(H), §60-7-2(23)(H), §60-7-8c(b)(14), §60-7-8d, and §60-8-32a of
this code; or (b) a private club with more than 1,000 members that is in good
standing with the Alcohol Beverage Control Commissioner, that has been approved
by the Alcohol Beverage Control Commissioner; and which has designated certain
seating areas on its licensed premises as nonalcoholic liquor and
nonintoxicating beer areas, as noted in the licensee’s floorplan, by using a
mandatory carding or identification program by which all members or guests
being served or sold alcoholic liquors, nonintoxicating beer or nonintoxicating
craft beer are asked and required to provide their proper identification to
verify their identity and further that they are of legal drinking age, 21 years
of age or older, prior to each sale or service of alcoholic liquors,
nonintoxicating beer or nonintoxicating craft beer.